The Development of Intellectual Property in Vietnam

The Development of Intellectual Property in Vietnam

Intellectual property (IP) is a legal concept that refers to the rights of individuals and organizations over the products of their intellectual activities, such as inventions, industrial designs, trademarks, trade secrets, and plant varieties. IP is an important tool to encourage innovation, creativity, and economic growth.

Vietnam has been developing its IP system since the late 1980s when it enacted its first laws on industrial property and copyright protection. Since then, Vietnam has made significant progress in improving its IP legislation, institutions, and enforcement, as well as in integrating into the international IP regime.

Some of the milestones of Vietnam’s IP development are:

• In 1995, Vietnam became a member of the World Intellectual Property Organization (WIPO) and acceded to several WIPO-administered treaties, such as the Paris Convention, the Berne Convention, and the Patent Cooperation Treaty.
• In 2006, Vietnam enacted the Law on Intellectual Property, which consolidated and revised the previous laws on IP and introduced new provisions on plant varieties, geographical indications, and unfair competition. The Law was amended in 2009, 2019, and 2022 to address emerging issues and align with international standards.
• In 2007, Vietnam joined the World Trade Organization (WTO) and committed to implementing the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), which sets the minimum standards of IP protection and enforcement for WTO members.
• In 2019, Vietnam signed and ratified the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP), which contains a chapter on IP that covers various aspects of IP protection, enforcement, and cooperation, as well as some obligations that go beyond TRIPS.
• In 2020, Vietnam signed the EU-Vietnam Free Trade Agreement (EVFTA), which also includes a chapter on IP that aims to enhance the level of IP protection and enforcement in both parties, as well as to foster IP cooperation and dialogue.

These developments have contributed to the enhancement of Vietnam’s IP system and its alignment with international best practices. According to the Global Innovation Index 2020, Vietnam ranked 42nd out of 131 economies in terms of innovation performance, and 11th out of 34 economies in terms of IP protection.

However, Vietnam still faces some challenges and opportunities in the field of IP, such as:

• Increasing the awareness and capacity of IP stakeholders, especially small and medium enterprises, researchers, and creators, on the benefits and mechanisms of IP protection and utilization.
• Strengthening the effectiveness and efficiency of IP administration and examination, as well as the quality and timeliness of IP registration and grant procedures.
• Enhancing the coordination and cooperation among relevant authorities and agencies in IP enforcement, as well as the awareness and compliance of IP users and consumers.
• Promoting the development and exploitation of IP assets, especially in strategic and emerging sectors, such as biotechnology, information technology, and green technology.
• Fostering the IP culture and innovation ecosystem, as well as the participation and contribution of Vietnam in the regional and global IP networks and initiatives.

To address these challenges and opportunities, Vietnam has adopted the National Strategy on Intellectual Property until 2030, which sets out the vision, objectives, and solutions for the comprehensive and effective development of the IP system in Vietnam. The Strategy aims to make IP a driving force for innovation and creativity, as well as a key factor for enhancing the competitiveness and sustainable development of the country.